FEDERAL Subject Matter Jurisdiction (Removal Jurisdiction (Def. in state…
FEDERAL Subject Matter Jurisdiction
Citizens of Different States
Domicile test: Intent to remain indefinitely
Diversity: Plaintiff(s) are from different states than all of the Defendants
Citizenship of corporation: States in which it has its nerve center (principle place of biz) or all states in which it is incorporated in
US citizen domiciled abroad has no state citizen ship
Citizens of a state and citizens or subjects of a foreign state
Citizens of different states in which citizens of a foreign state are additional parties
Federal Question (FQJ)
Case arises under Federal Law.
MUST be plaintiffs Cause of Action
May not be in anticipation of a defense
Def. in state court removes to Fed. Court, if case could have originally been also a Fed. case
Plaintiff can motion to remand if there is no DJ or FQJ
Must meet the
Federal Question Jurisdiction
Diversity exception: No diversity if the Def. shares the same citizenship as the forum.
Must remove within 30 days of service
Starts fresh with another Def.
All Def. must consent to removal
Must remove to the Fed. District that the State court adheres to
New claim of DJ or FQJ later on in the case and past 30 days notice may be given another 30 days to remove